Introduction: International Treaties in Qatari Law
International treaties are a fundamental cornerstone of relations between states, contributing to the regulation of legal interactions on a global scale. In Qatar, as in many other nations, international treaties must satisfy a set of conditions and procedures to become enforceable before national courts. What are these conditions, and why do these treaties hold such significance within the Qatari legal system?
What is an International Treaty?
An international treaty is a legal agreement concluded between two or more states, or between a state and an international organization, aimed at establishing obligations or rights for the signatory parties. In Qatari law, an international treaty does not acquire legal force unless and until it is ratified by the competent authorities, and it is stipulated that it must comply with the Constitution, the Constitution, ordinary laws, and Islamic Sharia.
Conditions for the Entry into Force of International Treaties
1- Ratification of the International Treaty: The First Step Toward Enforceability
For an international treaty to take effect in Qatar, the first condition is its ratification by the competent authorities. But what does “Ratification” mean?
Ratification is the legal process by which the executive authorities confirm their consent to be bound by the treaty. This includes approval by His Highness the Amir after the treaty is presented to the Shura Council. Ratification is a necessary step to ensure the treaty enters legal force within the Qatari system.
Why is ratification considered a fundamental condition?
Ratification serves as the official expression of the State’s consent to the obligations contained in the treaty. It must align with the Qatari Constitution to become enforceable before national courts.
Read also: The meaning of international agreements and their impact on national law
2- Publication in the Official Gazette: A Prerequisite for Enforceability
Following ratification, the treaty must be published in the State’s Official Gazette to become binding on all concerned parties. Why is publication necessary?
Publication ensures that the treaty is accessible to everyone, including judges, lawyers, and the general public. It contributes to ensuring transparency and providing legal notice to the relevant parties.
What happens if the treaty is not published?
If a treaty is not published in the Official Gazette, it remains at the ratification stage and is not binding before courts or other parties, which hinders its practical application.
3- Issuance of an Emiri Decree Commencing the Entry into Force of the Treaty
For a treaty to become applicable, an official Emiri Decree must be issued authorizing the implementation of the treaty within the Qatari legal system.
What is the role of the Emiri Decree in applying treaties?
The Decree is an official declaration from the highest authority in the State that the treaty has become an integral part of the Qatari legal order.
4- Non-Conflict with Islamic Sharia
One of the most critical conditions for the entry into force of international treaties in Qatar is that the treaty must not conflict with Islamic Sharia, the Constitution, or domestic laws.
Can a treaty be rejected if it conflicts with Sharia?
Yes. If a treaty contains provisions that violate Islamic Sharia or local laws, the treaty shall not be applied.
5- Treaty Validity: Final and Binding Signature
One of the conditions for a treaty to take effect locally is that it must have been signed finally, not merely initialed.
What is the difference between an initial and a final signature?
Initialing is considered an expression of the parties’ intent, whereas a final signature signifies a binding legal commitment from all parties.
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Special Conditions for Applying Treaties Before National Courts
1- Jurisdiction of National Courts:
For international treaties to be enforceable before national courts, Qatari courts must have jurisdiction over the dispute related to the treaty, in accordance with the rules of international jurisdiction.
2- Proving the Official Status of the Treaty:
Among the conditions for application is that the person requesting the application of the treaty must submit a duly certified copy of the treaty from the competent authorities.
3- Relevance of the Treaty to the Subject of the Dispute:
To be applied before the courts, the treaty must be directly related to the subject matter of the dispute, such as treaties regarding the extradition of offenders or the enforcement of arbitration awards.